QUESTION

Can I use my pending i485 and i765 to go to school and work part-time?

Asked on Jul 01st, 2013 on Immigration - Wisconsin
More details to this question:
I came to the US as F1 student whose visa expires in 2015. I got suspended from school so I got out of status. I married my girlfriend who is USC so we filed i130 and I got it approved. I have file i485 and i765 recently. I have been readmitted to school with full scholarship. My question is, can I go to school with pending i485 and can I work part-time on campus since every student in my school is required to work part-time on campus?
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4 ANSWERS

Yes, as long as you have a pending I-485, you can go to school and you can work with the EAD you received as part of your I-485 application.
Answered on Jul 16th, 2013 at 9:12 PM

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Adebola O. Asekun
First, once it is approved, your Form I-765 Work permit will allow you to work temporarily [1 yr] while your I-485 [green card] application is pending. Second, once it received your I-485 application, your F-1 student visa becomes effectively void since a F-1 visa and a Form I-485 are in conflict. Any previous violations of your F-1 visa is effectively forgiven based on your marriage to a US citizen and your I-485 application. The only issue you want to look into may be the continuing validity of your right to a scholarship and if your change of status from F-1 to green card holder may or may not have imperiled that scholarship.
Answered on Jul 03rd, 2013 at 12:08 PM

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Employment & Labor Attorney serving Salt Lake City, UT at Sharon L. Preston, P.C.
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I am assuming that you are now a student but not of an F-1 status because you have an immigrant petition pending. Since you have filed an I-765 application, once that is approved and you have your EAD card, you should be able to work. Legally, you are authorized to stay because of your pending I-485, however, without the EAD card, you are not allowed to work.
Answered on Jul 02nd, 2013 at 8:15 PM

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Immigration Attorney serving Madison, WI at Wren & Gateways Law Group, LLC
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You can legally work part time as soon as your I-765 application is approved. You should speak with the school to determine if they will allow you to begin attending classes in the meantime.
Answered on Jul 02nd, 2013 at 2:27 PM

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